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Stronger2011 · Dec 17, 2010, 07:10 PM

Because my family is moving and I won't have any place to live. So I have no choice but to leave. Me and his father have no agreements but he is very opposed to me leaving. I already have custody papers filled out but should I file them down here in Fl or after I move to Va? And if I do have to file them in Fl do I have to stay in Fl until the custody battle is done? Because I will have no place to live. I please need help. I barely have enough money to file them so I need to know if I need to file them in Fl before I leave or should I wait until I move. And can I get in trouble in Va for taking my own son. It is for his best interest. But will I have to deal with any legal drama because I left?

jsje2010 · Dec 31, 2010, 06:36 PM

Personaly I would wait to file them. If there is no order for custody then he can not do nothing. However, when you do the custody papers he can request you do not move out of state. My husband did this with his ex.

ScottGem · Dec 31, 2010, 06:46 PM

With no court orders at all, you can move. BUT you can't file until you establish residency in VA which will be 6 months. If he files for custody in FL before you, you could be forced to return. On the other hand, if you file in FL, he will likely be granted visitation which would prevent your moving.

So you are really caught between the proverbial rock and a hard place. I would consult a local attorney, many offer free consults, to give you a better idea where you stand.

cdad · Dec 31, 2010, 06:56 PM

Originally Posted by Stronger2011

because my family is moving and i wont have any place to live. So i have no choice but to leave. Me and his father have no agreements but he is very opposed to me leaving. I already have custody papers filled out but should i file them down here in Fl or after i move to Va? And if i do have to file them in Fl do i have to stay in Fl til the custody battle is done? Because i will have no place to live. I please need help. I barely have enough money to file them so i need to know if i need to file them in Fl before i leave or should i wait til i move. And can i get in trouble in Va for taking my own son. It is for his best interest. But will i have to deal with any legal drama because i left?

There is the third option. Since you can't seem to take care of the child at this time then allow the father to have custody while you move to Va and get settled with your family.